



LJ Hooker respects your right to privacy. We are bound by the National Privacy Principals of the Privacy Act 1988 which regulate most of our activities with respect to personal information collected, stored, used and disclosed by us.
In our role as Managing Agent, we collect information about you via the Tenancy Application process, throughout the tenancy and after the tenancy ends.
The information collected may be disclosed to other parties including the property owner, employment and personal referees, as well as tradespeople, owner’s corporations and insurers, government and statutory authorities, financial institutions and other third parties as required by law.
We will only disclose the information to other parties as required to perform our duties under an agreement, to provide an effective service, as required by law or as otherwise allowed under the Privacy Act 1988.
You may correct information collected if incorrect or out of date.
At LJ Hooker, we understand that sometimes there are unforeseen circumstances that result in delayed rental payments. Although the situation may never apply to you as most Tenants pay rent on time, it is important we advise you of the process involved.
Although we will endeavour to accommodate any extraordinary situations resulting in late rental payments, there is a strict arrears management procedure that will be maintained, regardless of the reason. This is to ensure effective management of arrears and to protect the Lessor’s investment.
If you happen to fall into arrears or know that you will be unable to make a rental payment, please contact the office and discuss the situation with your Property Manager.
These actions form our rent arrears management procedure and occur at the time specified:
4 days in arrears Reminder Phone Call or SMS message or letter 8 days in arrears Notice to Remedy issued with 7 days to remedy breach 17 days in arrears Notice to Leave issued with 7 days’ notice to vacate
If after vacating the premises there are monies owed in excess of the Bond, the Tenants named on the Tenancy Agreement may be listed with a Tenancy Database ie TICA – Tenancy Information Centre of Australia and NTD – National Tenancy Database. Tenants will have the opportunity to pay all monies owed as well as being consulted before their details are listed.
BPay or Direct Debit are the accepted as rent payment methods. Our Agency uses the services of DEFT Payment Systems for rent and invoice payments. If BPay is used, no fee is applicable.
The information provided is a guide to the regular inspections which occur at the Property leased. As part of our management responsibilities our Agency conducts regular Property Maintenance Inspections.
• Every 4-5 months.
• A day and approximate entry time within a two hour timeframe is provided to you via RTA Form 9 Entry Notice.
• Due to time restraints allocated for Property inspections, it is difficult to rearrange times, however, in extreme circumstances, please contact our office, to request a change of entry.
• Your presence at the inspection is welcome, but not necessary, as the staff member conducting the inspection will use our Agency key set.
The inspection’s key purpose is to visually inspect the areas applicable to the Property as listed below, and identify repairs and maintenance needed. A report is prepared and forwarded to the Lessor for instructions if repairs or maintenance work is required or recommended.
• Floor Coverings
• Walls
• Doors and Locks including Front and Rear
• Ceiling / and Fans if applicable
• Smoke Alarms if applicable
• Light Fittings
• Power Points
• Built in cupboards – shelving and rails
• Curtains, blinds
• Whitegoods if included in tenancy
• Fixtures eg oven, hotplates
• Hot water system
• Furniture if included in tenancy
• All wet areas – taps, pipes below sink & basins
• Garage / carport
• Gardens and lawns
• Paintwork
• Guttering and downpipes
• Steps – structure and paint
• Balcony and decks
• Stumps, if applicable
• Driveway, paths, courtyard
• Clothes Line
• Pool / spa, if applicable
• Fencing
• Taps
• Safety Switch
• External Light Fittings
The most common problem in properties is water leaking from wet areas eg bathrooms, laundries, kitchens, into adjoining rooms. A regular check for water leaks is advisable. If the carpet/ floor is wet, sponge and dry area thoroughly and check again after use. Advise our Agency if there is a problem.
If the problem is a ‘serious’ water leak, this is classified as an emergency repair under the Legislation and the Agency must be notified immediately.
Check…
• clean filter before every use of the dryer
• is power on
• dryer is not overloaded
• is air temperature hot when running
This appliance is not essential, please complete a Repair Advice Form and send to our Agency to report failure.
Do not attempt to fix it yourself. Do not use switches. Contact our Agency as soon as possible.
Check if power is connected or check power box for tripped switch or blown fuse. Contact us to arrange a service.
If your supply of hot water is not hot or does not seem to last as long as it should, your hot water system may need topping up. Locate the filler valve on the side of the hot water system and lift the floppy lever until water flows from the overflow. Repeat this process every few months. Otherwise, check….is the power switched on; has the power box tripped the switch or blown a fuse; or has your shower routine changed or increased (tank capacity and/or tariff rates will affect this). Remember in winter, efficiency of the tank is less than in summer and the water will cool quicker.
Note: Please follow the above procedure before requesting maintenance. If this does not rectify the problem please complete a repair advice form. Remember a leaking hot water tap will cause poor supply of hot water and high electricity accounts.
If the food disposal fails to work, push the reset button. This button is located under the unit and is usually coloured red. Do not attempt to disassemble unit. If this does not rectify the problem please complete a repair advice form and send to our Agency (use the old fashioned newspaper disposal method until attended to). Tenants will be required to pay for callouts to repair food disposal units that are blocked due to Tenant misuse or abuse.
Regular mopping and turning off the tap between uses is adequate until the tradesperson arrives. Please complete the Repair Advice Form and send to our Agency to arrange for a tradesperson.
Check power or fuse box. Ensure the power is on and the switch has not tripped. If problem not remedied contact your Property Manager.
Check power and fuse box. Clean filter.
• Water level is a priority and must be kept at a level to allow water to flow through the skimmer boxes at all times. Failure to do this could result in enormous expenditure to you.
• No metal objects are to be allowed in the pool as it could cause corrosion marks
• No animals allowed in the pool as this creates a huge chemical imbalance.
• Ensure regular water testing for correct PH level to prevent mould/fungus forming in the pool.
• Vacuum at least once a week to keep pool clear of debris.
• Regular checks of the pump to ensure the motor is working correctly and efficiently (making funny noises could be a forerunner to a problem). Leaking or pooling water at the pump could mean a cracked casing and will need attention.
• Even if a pool is maintained for you, it is your responsibility to alert if any problems.
If your neighbours have also lost power contact your Electricity Supplier. Otherwise check if you have a Safety Switch, which may have tripped. If so, reset the switch. If it trips again unplug all appliances from power points. Reset Safety Switch and plug in appliances one at a time until faulty appliance is located. If you have a fuse box check this for a blown fuse.
Note: If this does not rectify the problem please notify our Agency. Tenants will be required to pay for callouts where a faulty appliance belonging to them has caused the problem.
• Clean water outlet of hair and soap build up which can block water drainage.
Check…
• that the power is connected
• that the water taps are turned on
• the load of clothes is not off balance or too high
• lid is connecting with on/off switch when closing
• hoses are securely attached
• if leaking, check hoses for splits
When all else fails, phone us during Agency hours. If late Sunday night and out of clean clothes, locate nearest Laundromat and phone the Agency Monday.
Water bubbling out of the ground could be a serious problem and could lead to further complications. Phone our Agency immediately as this is an ‘emergency’ matter.
Emergency maintenance must be reported immediately. Please refer to the RTA 17a Information Statement (the booklet in your lease pack). All emergencies must be phoned through to the Agency as soon as possible and then formalised in writing.
All general maintenance must be put in writing using the repair/request forms that are available from our Agency.
LJ Hooker Coomera | Ormeau | Tamborine Mountain The Hub - 5/90 Days Road, Upper Coomera QLD 4209
Phone Fax 07 5585 7888 07 5585 7878
frontdesk.coomera@ljhgc.com.au coomera.ljhooker.com.au
OFFICE HOURS
MONDAY - FRIDAY 8:30am – 5:00pm
SATURDAY & Sunday Closed
PREFERRED METHOD OF CONTACT
This is the most effective and quickest contact method if you have email access also. Your Property Manager’s direct email address appears above or on the business card provided.
APPOINTMENT
To see your Property Manager in person, please contact the office to make a time that suits you both. The nature of our role takes us out of the office and by making an appointment we can ensure we are there for you.
TELEPHONE
If you don’t have email or for emergencies please contact our office by phone. Messages left will be returned as soon as it is possible to do so.
CONDITION REPORT
Please complete, sign and return to our office within 7 DAYS OF THE LEASE COMMENCEMENT DATE as required by the Residential Tenancies and Rooming Accommodation Act.
ELECTRONIC TRANSMISSION
It is agreed by signing this document consent is given to receive any documentation relevant to the Tenancy by electronic communication methods such as email or facsimile. Also, the method of receiving advice or notification by SMS is accepted.
EMERGENCY REPAIRS
Emergency repairs include such situations as:
• Burst water service
• Gas leak
• Blocked or broken toilet
• Fault/damage likely to cause injury
• Serious roof leak
• Electrical shock/fault
PHONE LJ HOOKER TO REPORT THESE TYPES OF SITUATIONS IMMEDIATELY.
If after hours, leave a detailed message of the situation and refer to the Emergency contact numbers listed on Page 2 of the General Tenancy Agreement as well as refer to the RTA form 17a – Information Statement available in this Tenancy Moving-In Kit.
GENERAL REPAIRS AND MAINTENANCE
All general repairs and maintenance must be forwarded to our Agency in writing so we can act accordingly. Provide as much information as possible of the repairs needed as well as access authorisation for the repairs to be done. Repair Advice Forms are included in this folder.
INSURANCE
We advise ALL TENANTS to insure their own contents as they are NOT covered under the Lessor’s policies.
KEYS, LOCKED OUT?
Office Hours – you can collect our Management set and return them to our office within the hour. Identification will be required.
After Hours – contact a Locksmith at your cost. We recommended the following Locksmith A1 Locksmiths (David) Ph: 0418 755 814
MOVING OUT
Two (2) weeks’ notice in writing is required if you intend to vacate on the lease expiry date or after that date. The prescribed form is provided for you to complete.
PARKING OF CARS
All cars, motorbikes, trailers, campervans, caravans, boats and trucks are to be parked in designated parking areas ONLY. Do not park on front lawn areas, or on Body Corporate designated common areas (where applicable). It is the Tenants responsibility to repair any damage done when parking cars etc in such areas.
Oil stains on driveways is the Tenant’s responsibility to remove before vacating the Property. To avoid such damage we recommend the purchase of a drip tray.
POOLS AND POOL
PLEASE DO NOT MAKE THE ASSUMPTION THAT YOU ARE ABLE TO INSTALL / ERECT A POOL OF ANY TYPE AT THE PROPERTY.
If you wish to have a pool of any size, it may require fencing due to Legislation. You must first seek permission from the Lessor in writing for the pool. If permission is granted, it is then the responsibility of the Tenant to ensure that ALL fencing requirements are met in accordance with relevant legislation. We recommend you contact the Queensland Government and your local Council for further information.
It is recommended that pot plants are raised off the carpet or kept outside areas to avoid water damage or staining.
The Property is inspected by our Routines Inspection Manager 2 to 3 times per lease agreement. You will be notified in writing 7 to 14 days prior. For further information, please refer to the Property Inspection Information provided.
Direct debit is the preferred method of rent payments. Please refer to the information sheet provided.
It is your responsibility as the account holder to increase the amount of the direct debit (if or when necessary) and cancel the direct debit authorisation at the end of your Tenancy. As we are NOT the account holder, we CAN NOT change any direct debit authorisation.
Should one of you wish to vacate the property prior to lease expiry you will need to contact our office in writing to apply for this. As you are effectively terminating the current arrangement of the lease this requires the owner’s permission and additional or new documentation prepared by the office.
If you request to have an additional (not approved occupant) added to the lease agreement they will need to complete a full application with 100 points of ID and employment payslips. We will process this application as per office procedures and then seek the final instructions from the owner. Please note for this service you will incur a cost of $88 (GST inc).
If you wish to vacate the property DURING your Tenancy, please contact your Property Manager immediately and advise them. Please note that you will incur the following:
• 1 weeks full rent + GST as a “Break Lease” fee
• $250 for re-advertising the property on the internet and for finding a new tenant
• You are still required to cover payments of the rent right up until the day before a new tenant can be placed into the property
• The bond will not be refunded back to you until all rent is paid up to date, all “Break Lease” costs are paid and any repairs that might be found and required after the Exit Inspection have been rectified
If you wish to vacate the property DURING your Tenancy, please contact your Property Manager immediately and make an appointment at which time the Property Manager will advise you of your obligations during this process.
The Residential Tenancies Authority (RTA) is the Queensland Government statutory body that administers the Residential Tenancies and Rooming Accommodation Act 2008. The RTA provides tenancy information and support, bond management, dispute resolution, education services, investigations and prosecutions.
You must
• pay the rent on time
• keep the property clean and undamaged and leave it in the same condition it was in when you moved in (fair wear and tear excepted)
• abide by the terms of the tenancy agreement
• respect your neighbours’ right to peace and quiet
The property owner/manager must
• ensure the property is vacant, clean and in good repair at the start of the tenancy
• respect your privacy and comply with entry requirements
• carry out repairs and maintenance
• meet all health and safety laws
• lodge your bond with the RTA
• provide the day the rent for the premises was last increased in the tenancy agreement (for agreements that commence after 6 June 2024). The requirement to provide evidence of rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase. This requirement also does not apply to exempt property managers/owners.
A General tenancy agreement (Form 18a), also called a lease, is a legally binding written contract between you and the property owner/manager. It must include standard terms and may include special terms (e.g. pool maintenance). It must also include the day the rent for the premises was last increased except where renting through an exempt property manger/owner.
You and the property owner/manager must sign the agreement and you should be given a copy.
Period of tenancy agreement:
• Fixed term agreement – has a start date and an end date and you agree to rent the property for a fixed amount of time (e.g. 12 months)
• Periodic agreement – when you agree to rent the property for an unspecified amount of time (there will be a start date but no end date)
If you are renting in a unit, townhouse or apartment complex you may have body corporate by-laws to comply with. The property manager/owner should give you a copy of the relevant by-laws when you start the tenancy. These are a set of rules relevant to your complex or building and form part of your tenancy agreement.
For information regarding body corporate laws, please visit the Body Corporate Commissioner’s website.
A rental bond is a security deposit you pay at the start of a tenancy and is lodged with the RTA. The property owner/ manager must not hold your bond. You can lodge your bond directly with the RTA using RTA Web Services.
Alternatively, once the bond is paid, the property owner/ manager must give you a receipt and complete a Bond lodgement online or provide you with a paper Bond lodgement (Form 2) which you must sign. The property owner/manager must lodge the bond with the RTA within 10 days. Check with the property owner/manager. You will receive notification from the RTA once the bond has been lodged.
Your bond can be increased if your rent is increased. Any extra bond money paid by you must be lodged with the RTA by the property owner/manager or you. You can do this directly via RTA Web Services.
Generally you will be asked to pay rent in advance before, or when, you move in.
• For a fixed term agreement: a maximum of 1 month’s rent in advance
• For a periodic agreement: a maximum of 2 weeks rent in advance
Your property manager/owner cannot, at the start of a new tenancy, solicit, accept or invite you to pay more rent in advance than what is allowed under tenancy law, or accept rent greater than this amount.
You can’t be asked to pay more rent until the rent in advance has been used up.
When rent is paid electronically, you must arrange for the money to leave your account on a certain day, and the rent is considered paid on this day.
Rent can only be increased if it has been at least 12 months since the current rent amount became payable for the residential premises.
Rent cannot be increased during a fixed term agreement unless it is stated in the agreement and even then 2 months notice (in writing) must be given.
Rent can be increased in a periodic agreement by giving 2 months notice (in writing).
If you are concerned the rent increase may be less than 12 months since the last increase for the residential premises, you can ask the property manager/owner in writing to provide evidence of the last increase.
Some rent increase rules do not apply to exempt property managers/owners. The Act provides definitions for an exempt property manager/owner.
Rent decreases may occur when there is a drop in the standard of the property, a decrease in services provided (e.g. the availability of car parking), or if a natural disaster (e.g. flooding, fire) makes the property partially unfit to live in. Any agreement about a rent decrease should be put in writing and signed by the property owner/manager and tenant.
You can be charged full water consumption costs only if the property owner/manager meets a specific set of conditions. Check your tenancy agreement and our website for more detail.
Water bills may be issued quarterly or half-yearly. Check with your property owner/manager how often and when bills are issued. These bills should be provided to you within a reasonable timeframe, and you must pay within one month of the bills being provided.
Check your tenancy agreement – in most cases you will need to arrange connection and pay for the services. Check with the property owner/manager to clarify arrangements for internet or TV connections, satellite dish installation or solar electricity rebates (if applicable).
The property owner/manager must give you an Entry condition report (Form 1a).
It is important for you to take the time and check the condition of the property at the start of the tenancy. This will help to avoid disputes about the condition of the property when you move out. You must complete the report and return a signed copy to the property owner/manager within 7 days. The property owner/ manager must give you a copy of the signed final report within 14 days.
The RTA also recommends taking photos and attaching them to the report as proof of the condition of the property.
You are responsible for looking after the property and keeping it, and any inclusions (like the oven), clean. The property owner/manager is responsible for ensuring the property is fit to live in and in a good state of repair, including carrying out general repairs and maintenance during your tenancy. They must also make sure the property complies with any health and safety laws.
Minimum housing standards, which clarify repair and maintenance obligations and introduce compliance mechanisms in enforcing these standards, will commence:
• for new tenancies on 1 September 2023, and
• for all tenancies on 1 September 2024.
Minimum housing standards, which clarify repair and maintenance obligations, commenced for new tenancies from 1 September 2023.
If a new tenancy agreement is signed or an existing agreement is renewed, the property must meet minimum housing standards. The property must continue to comply with minimum housing standards throughout the tenancy.
Minimum housing standards will come into effect for all remaining tenancies on 1 September 2024.
You should notify the property owner/manager of any necessary repairs. They will generally carry out repairs or organise someone to do them. You should not carry out repairs without written consent.
If you have notified the property owner/manager of a repair – by email, maintenance request, or a Notice to remedy breach (Form 11) – and they don’t make the repair within a reasonable time, you can apply for free dispute resolution at the RTA and may have the option to apply for a repair order from the Tribunal after conciliation.
When entering the property for repairs the property owner/ manager must provide the appropriate entry notice period.
If you or your guests damage the property, you will have to pay for the repairs.
If the property owner/manager or nominated repairer listed on your tenancy agreement (or the front page of this guide) cannot be contacted, you can:
1. arrange for a qualified person to carry out emergency repairs to a maximum value of 4 weeks rent (check your tenancy agreement to clarify what is an emergency repair).
If you pay the repairer, you will need to give the receipt to the property owner/manager who must pay you back within 7 days. Keep copies of all receipts. Alternatively, you can ask the property owner/manager to pay the repairer directly.
2. Make an urgent application to the Tribunal for a repair order for the emergency repair.
Property owners/managers must install, maintain and replace smoke alarms in rental properties, in line with Queensland legislation. Visit Queensland Fire and Emergency Services (qfes.qld.gov.au) for more information.
Tenants also have responsibilities including testing and cleaning smoke alarms and replacing batteries (unless the battery is built into the smoke alarm in a way that prevents the battery being removed). See our website for more information.
Fixtures can only be added with the property owner/ manager’s written consent and they do not have to bank agree to the request if they give a good reason.
A tenant experiencing domestic and family violence can arrange for a qualified tradesperson to change
the locks in their rental property to ensure their personal safety. The tenant must provide copies of the keys to the property owner/manager unless the property owner/manager agrees to not being given a copy of the key.
A tenant cannot change locks to common property in community title schemes.
to rent with a pet
If you wish to keep a pet at the property, you must seek written approval from the property owner using a Request for approval to keep a pet in rental property (Form 21).
The property owner must respond in writing within 14 days after receiving your request.
• If they approve, they can outline additional reasonable conditions for the approval of the pet.
You may agree to the outlined conditions or try to negotiate.
• If they do not approve the request, they must provide a specific reason under the legislation for rejecting the request.
When considering keeping a pet, you must also adhere to other applicable rules such as house rules, local council laws or body corporate by-laws.
Routine inspections can be carried out every 3 months to ensure the property is well cared for and there are no maintenance or health and safety issues. The property owner/manager may also need to enter the property for repairs or a viewing if it is being relet or put up for sale. In most cases they must give you an Entry notice (Form 9) before they can enter. However, they may enter in an emergency or if you verbally agree with the entry.
Entry must occur at a reasonable time. For open home inspections (when multiple inspections occur at the same time), your written consent must be sought by the property owner/manager. Visit the RTA website for more details.
If you want to rent out a room or part of the property, you must seek written permission from the property manager/ owner and they must have good reason to say no.
Check your tenancy agreement first, talk to your property owner/manager and get any agreed arrangements in writing. Head-tenants have the same responsibilities as a property owner/manager including giving their sub-tenant a receipt for bond money paid and lodging the bond with the RTA.
If you do something wrong
If you breach the agreement, the property owner/ manager can issue a Notice to remedy breach (Form 11).
Example: you don’t pay the rent as per the tenancy agreement and it remains unpaid for 7 days or more or you do not keep the property in the agreed condition.
If you don’t fix the problem you may be given a Notice to leave (Form 12) by the property owner/manager.
If the property owner/manager does something wrong
If the property owner/manager breaches the agreement, you can issue a Notice to remedy breach (Form 11).
Example: the property owner/manager fails to keep the property well maintained, does not respond to a repair request or enters the property without the correct notice.
If you have notified the property owner/manager of a repair and they have not taken action within a reasonable timeframe, you may have the option to apply to the Tribunal for a repair order.
Good communication is the key to resolving most problems. Find out your rights and responsibilities and talk to the property owner/manager directly. If this does not work, the RTA’s free and impartial dispute resolution service may be able to help. If it remains unresolved, you may be able to take the matter to the Queensland Civil and Administrative Tribunal (QCAT).
Extending your fixed term tenancy If you want to stay on under a new fixed term agreement, and there are no changes other than the end date, you and the property owner/manager should sign a letter or statement that includes the new date.
If there are changes to any of the terms of the agreement, the property owner/manager will need to prepare a new written tenancy agreement and you must both sign it before the old one ends. If there is a significant change
(e.g. a rent increase you think is excessive) you can dispute it, but only after you’ve signed the new agreement. Note that the rent cannot be increased unless at least 12 months have passed since the last rent increase.
If the end date of a fixed term agreement goes by without any contact between you and the property owner/manager, it continues as a periodic agreement.
You cannot move out at the end of a fixed term agreement without giving notice.
If you wish to leave you must give 14 days notice in writing. If the property manager/owner wants you to leave they must give you 2 months notice.
You must continue to pay rent until you move out.
You must leave the property in the same condition it was in before you moved in, fair wear and tear excepted.
Remember to disconnect your electricity, gas, telephone and internet from your current property and re-direct your mail when you move out.
If you break the tenancy agreement (e.g. you decide to leave early), you may be responsible for compensating the property owner/manager for lost rent until another tenant can be found or the tenancy ends.
You may also be liable for other costs such as the cost of reletting the property and advertising.
If the property owner/manager wants to claim compensation from you, they should make an effort to limit the loss or expense.
For example, if the property manager/owner is charging you for rent while they find a new tenant, they should readvertise the property as soon as possible.
If you experience excessive hardship and are unable to continue the tenancy, you can make an urgent application to QCAT to end the tenancy.
Examples of excessive hardship can include serious illness or loss of employment. The person applying to QCAT will need to show evidence of their circumstances. QCAT may make orders regarding compensation to the property owner/manager and terminating the tenancy from an agreed date.
You should complete an Exit condition report (Form 14a).
It shows the condition of the property when you leave and compares it to the condition of the property when you moved in. If possible you should try to arrange a final inspection with your property owner/manager.
The property owner/manager should complete their side of the report, sign it and return a copy to you within 3 business days of receiving it.
The RTA recommends taking photos and attaching them to the report to prove the condition of the property.
You get your bond back at the end of the tenancy as long as no money is owed to the property owner/manager for rent, damages or other costs. You can apply on, or after, handover day to have your bond money returned.
You need to provide the RTA with your contact details, forwarding address and bank account details to receive your bond refund. You can update your details quickly and easily online using RTA Web Services.
Bonds can only be refunded into Australian bank accounts. The quickest and easiest way to get your bond back is an agreed refund between you and your property owner/ manager.
If you and the property owner/manager agree on the refund amount
You and the property owner/manager can request a bond refund online using RTA Web Services. Alternatively, you and your property owner/manager must sign the paper based Refund of rental bond (Form 4) and submit it to the RTA.
The RTA will refund the bond as directed within a few days.
If you and the property owner/manager disagree
The RTA encourages you and your property owner/manager to try and resolve any issues in the first instance. Either you or the property owner/manager can submit a bond refund form online using RTA Web Services or the paper based Refund of rental bond (Form 4).
The RTA will process the first refund request made (Party A). If the other person (Party B), whose signature/ agreement is missing, disagrees with Party A’s refund request, they can dispute the claim within the timeframe stated to prevent payment.
The RTA will send Party B a Notice of claim and Party B can disagree digitally via Web Services or submit a Dispute resolution request (Form 16) to the RTA by the due date. If the RTA does not receive a digital response via Web Services or a completed Form 16 from Party B within the 14 day period as stated on the notice, the bond will be paid out, as directed on Party A’s bond refund form.
If Party B disagrees on the bond refund through the above process, it will commence the dispute process with the RTA’s dispute resolution service where a conciliator will try to help resolve the disagreement. If agreement is reached, both parties will need to sign a bond refund form and the bond is paid out as what is agreed in this process.
If agreement is not reached, Party B (the person who disputed the refund form) can apply to QCAT for a decision.
They must do so within 7 days and notify the RTA in writing of the QCAT application within the correct timeframe.
If no QCAT application is lodged by Party B within the 7 day timeframe, the RTA will pay the bond as directed on Party A’s bond refund form. More details on dispute resolution are available at rta.qld.gov.au and information about QCAT can be found at qcat.qld.gov.au.
Domestic violence in a rental property
Domestic and family violence is any form of violence or abuse where the abusive person is a spouse (including de facto), an intimate or dating partner, a family member or an informal carer.
A person who experiences domestic and family violence in a rental property has rights under tenancy law, even if they are not named on the tenancy agreement.
If someone in a rental property is experiencing domestic and family violence and no longer feels safe living in the property, they can end their interest in a tenancy agreement by providing the property owner or manager seven days notice of their intention to vacate supported by relevant evidence. They can vacate before 7 days but they are responsible for paying rent until the end of the 7 day notice period.
Tenants can complete a Notice ending tenancy interest (domestic and family violence) (Form 20) to end their interest in a tenancy agreement.
Tenants and property owners/managers can also complete a Bond refund for persons experiencing domestic and family violence (Form 4a) to request a rental bond refund for their bond contribution or a tenant’s bond contribution due to a tenancy interest ending on grounds of experiencing domestic and family violence. It is critical that property owners/managers maintain the privacy of a tenant who is experiencing domestic and family violence to ensure their safety. Penalties apply for those who do not follow the legislated requirements. Learn more about your rights and responsibilities at rta.qld.gov.au.
A person can also apply to QCAT to:
• end the tenancy agreement
• be listed as the tenant
• remove the name of the person who has committed an act of domestic violence from the tenancy agreement
• prevent their personal information being listed in a tenancy database where a breach of the agreement is a result of the actions of a person who has committed an act of domestic or family violence.
Every person has a right to feel safe and live free from violence. If there is violence in your home, you may be able to apply for a domestic violence order (DVO).
Visit the Queensland Courts website courts.qld.gov.au for more information on domestic violence orders. If you are affected by domestic and family violence and/or sexual abuse, you can contact any of the organisations below for free and confidential support and assistance.
Residential Tenancies Authority
w rta.qld.gov.au
t 1300 366 311
Mon – Fri: 8.30am – 5pm
Emergency Police, firefighters or ambulance.
t 000 (triple zero)
Tenants Queensland w tenantsqld.org.au
t 1300 744 263
National Relay Service
Assistance for deaf, hearing or speech impaired clients
TTY or computer modem.
t 133 677
Translating and Interpreting Service (TIS)
TIS will telephone the RTA for you at no extra cost.
t 131 450
Lifeline
Personal crisis support.
Anyone experiencing a personal crisis other than domestic and family violence, such as loss of a loved one, financial hardship or serious illness, can contact Lifeline for support and referrals to appropriate services.
t 13 11 14
DV Connect
Domestic/family violence and crisis support.
w dvconnect.org
t 1800 811 811 – Womensline
t 1800 600 636 – Mensline
t 1800 010 210 – Sexual Assault Hotline
Aboriginal Family Domestic Violence
Victims rights, counselling and financial assistance.
t 1800 019 123
The RTA’s forms can be obtained electronically or in person by:
• rta.qld.gov.au
• 1300 366 311
• Level 23, 179 Turbot St Brisbane
A selection of the most commonly used forms are also available at Australia Post outlets around Queensland.
If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).
Under the Fire and Rescue Service Act 1990, administered by Queensland Fire and Rescue Service, both tenants and lessors have responsibilities for smoke alarms in their rental properties.
Tenants: Have obligations for cleaning, testing and replacing batteries for alarms during a tenancy.
Lessors: Have obligations for installing, cleaning and testing smoke alarms and replacing batteries before the start or renewal of a tenancy.
See easy reference table overleaf for specific details.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) allows entry to the rental premises by the lessor to install and maintain smoke alarms. These amendments fall under entry provisions (s192 of the Act) allowing lessors to give a 24 hour Entry Notice (Form 9) for the purposes of entry to comply with the Fire and Rescue Service Act 1990 in relation to smoke alarms.
• It is good practice for the lessor to give their tenants the manufacturer’s instructions on how to clean, test and replace batteries for smoke alarms.
• A smoke alarm is required to emit a warning signal before the battery fails, usually a chirping sound.
• Changing batteries in smoke alarms on an anniversary such as a birthday will act as a reminder to change them once a year.
• Cleaning a smoke alarm usually involves an external clean to remove dust and debris with a broom or a vacuum cleaner.
• Smoke alarms are required to have a minimum service life of at least 10 years.
A lessor must not pass on their obligations to the tenant to act on their behalf such as asking the tenant to replace batteries at the beginning of the tenancy.
Disclaimer
This fact sheet is prepared for information only. The Fire and Rescue Act 1990 is the primary source on the law and takes precedence over this information should there be any inconsistency between the Act and this fact sheet.
For more information about the obligations for the installation and maintenance of smoke alarms in rental premises, visit the Queensland Fire and Rescue Service website www.fire.qld.gov.au or call their Information Hotline on 1300 369 003.
Easy reference table for tenants and lessors – find out your responsibilities for smoke alarms
Tenant’s obligations for smoke alarms
obligations for smoke alarms
Installing alarms (penalties apply)*
Smoke alarms complying with Australian Standards must be fitted in all rental properties and in accordance with the Building Code of Australia.
Lessors must give tenants 24 hours notice for entry to install smoke alarms.
Testing alarms (penalties apply)*
Replacing batteries in alarms (penalties apply)*
Cleaning alarms (penalties apply)*
At least once every 12 months and according to manufacturer’s instructions (for tenancies 12 months or longer).
When batteries are flat or nearly flat.
Testing alarms (penalties apply)*
At least once every 12 months (for tenancies 12 months or longer).
Replacing batteries in alarms (penalties apply)*
Cleaning alarms (penalties apply)*
Within 30 days before the start or renewal of the tenancy and according to manufacturer’s instructions.
Within 30 days before the start or renewal of the tenancy if batteries are flat or nearly flat.
Within 30 days before the start or renewal of the tenancy and as specified by manufacturer’s instructions.
Advising lessor of any failing smoke alarms (penalties apply)*
Not interfering with smoke alarms (penalties apply)*
As soon as possible when an alarm fails or is about to fail and/ or needs replacing for a reason other than batteries failing.
Replacing failing smoke alarms (penalties apply)*
At no time can a tenant remove or relocate the smoke alarm or do anything to interfere with the alarm’s warning sound.
At no time can the tenant remove the batteries unless they are replacing them.
Not interfering with smoke alarms (penalties apply)*
Smoke alarms must be replaced before the end of their service life.
At no time can the lessor remove or relocate the smoke alarm unless it is being replaced or maintained.
At no time can the lessor do anything to interfere with the alarm’s warning sound. At no time can the lessor remove the batteries unless they are replacing them.
Smoke alarms must be replaced before the end of their service life. Lessors must give tenants 24 hours notice for entry for the purposes of maintaining smoke alarms.
At no time can the lessor remove or relocate the smoke alarm unless it is being replaced or maintained.
At no time can the lessor do anything to interfere with the alarm’s warning sound. At no time can the lessor remove the batteries.
* Penalties apply to both lessors and tenants under the Fire and Rescue Service Act 1990. For further information, the RTA strongly advises you to contact the Queensland Fire and Rescue Service by telephone on 1300 369 003 or visit their website at www.fire.qld.gov.au.
Lessors are allowed to pass on the full water consumption charges (including bulk water charges) to tenants provided all the minimum criteria have been met.
Lessors are able to pass on the full water consumption charges to tenants if:
• the rental premises are individually metered (or water is delivered by vehicle), and
• the rental premises are water efficient, and
• the tenancy agreement states the tenant must pay for water consumption.
A breakdown of water charges is shown below.
Charge as shown on water bill
State Bulk Water Charge
Water Usage Charges
Sewerage Usage Charge (may appear on the bill as fixed or variable)
Fixed Access Charges (including Water Access Charge and Sewerage Access Charge)
*if the above criteria are met
Yes, tenant can be charged*
Yes, tenant can be charged*
No, tenant cannot be charged
Sewerage is not a service charge as defined by the Act and cannot be passed onto the tenant.
No, tenant cannot be charged.
The lessor must pay all fixed charges for water supply.
A rental premises is considered water efficient if certain water fixtures meet the standards listed in the table below.
Water efficient devices
Internal cold water taps and single mixer taps (excluding bathtub taps and taps for appliances)
Showerheads
Toilets
Minimum water efficient standard required
A maximum flow rate of nine litres per minute.
A maximum flow rate of nine litres per minute.
A dual flush function not exceeding six point five (6.5) litres on full flush and three point five (3.5) litres on half flush and a maximum average flush volume of four litres (based on the average of one full flush and four half flushes).
The requirement for taps applies only to internal cold water taps that are installed over a hand basin, kitchen sink or laundry trough (including single mixer taps). The requirement does not apply to other taps in the premises such as bath tub taps, outside taps for the garden, or taps which supply washing machines or dishwashers. These taps are not required to be water efficient.
How can the lessor/agent prove the premises are water efficient?
At the start of the tenancy agreement, the lessor/agent and tenant should negotiate arrangements for water charging and the frequency of charges. The presence of water efficient devices should be noted on the Entry condition report (Form 1a).
Lessors/agents should be able to demonstrate the presence of water efficient devices where it may be unclear, such as by providing copies of:
• plumbing reports
• receipts
• packaging
• warranties or instruction manuals for taps and showerheads, etc.
For any water fixtures produced from 2005 onwards, the easiest way to check if they meet the required efficiency standard is to look for products with a WELS rating of three stars or higher. WELS is Australia’s water efficiency labelling scheme which rates fixtures including taps, showerheads and toilets according to water efficiency – the more stars the better. To find out more about the scheme or search the registered product database, visit www.waterrating.gov.au.
• tenants and lessors/agents should negotiate obligations at the start of the tenancy and put these in the tenancy agreement, for example, if the lessor is to contribute to water costs.
• it may be helpful to contact your local water provider about average local water consumption. You can find the correct contact details on your latest water bill.
• water billing periods are unlikely to align with tenancy agreements. It’s important that both the tenant and the lessor/agent make note of the water meter readings on the condition reports at the start and end of the tenancy to calculate water consumption.
• lessors will receive the water bill, pay the full amount and provide their tenants with a copy of any water bills or evidence of water consumption to verify the amount to be charged. Tenants will not be billed directly by water supply authorities.
• tenants have one month to pay the agreed amount for water consumption after the lessor provides evidence of the costs to the tenant. The lessor/agent can not require the tenant to pay more than the billable amount, or charge tenants late fees.
• if the tenant and lessor/agent cannot agree about water charges, the RTA’s dispute resolution service may be able to assist.
For more information contact the Residential Tenancies Authority on 1300 366 311.
The RTA’s forms can be obtained electronically or in person by:
• rta.qld.gov.au
• 1300 366 311
• Level 23, 179 Turbot St Brisbane
If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).
PropertyMe is the easiest way to see what is happening with your property! You can find your rental payments, lodge maintenance requests and communicate with your Property Manager all in one place!
Open an internet browser and go to my.propertyme.com/sign-in This will work on a computer, tablet and smart phone.
You can also google “Property Me Login” and click “Tenant Access”
Click to sign up
Make sure you enter the address you have given your property manager.
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Of course, your property manager is still available to talk to if you have any concerns.
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premiums are fixed by state and territory.
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LJ Hooker Coomera | Ormeau | Tamborine Mountain
The Hub - 5/90 Days Road, Upper Coomera QLD 4209
Phone 07 5585 7888
frontdesk.coomera@ljhgc.com.au coomera.ljhooker.com.au